THE BOMBAY PREVENTION OF 
BEGGING ACT, 1959 

INTRODUCTION 
For  the purpose of making uniform and better provisions for the prevention of begging in 
the State of Bombay; for the detention, training and employment of beggars and their dependents 
in certain institutions; for the custody, trial and punishment of beggar offenders and for these and 
other purposes it was proposed to enact a law. Accordingly the Bombay Prevention of Begging 
Bill was introduced in the Legislative Assembly. 

ACT X OF 1960 

The  Bombay  Prevention  of  Begging  Bill  having  been  passed  by  the  Legislative  Assembly  and 
having  been  assented  by  the  Governor  came  into  force  as  THE  BOMBAY  PREVENTION  OF 
BEGGING  ACT,  1960  (X  of  1960).  It  has  been  extended  to  the  Union  Territory  of  Delhi 
(National Capital Territory of Delhi) by G.S.R. 638, dated 2nd June, 1960. 

 
 
 
 
THE BOMBAY PREVENTION OF  
BEGGING ACT, 1959 

(Bombay Act X of 1960) 
As extended to the Union Territory of Delhi* 

An Act to consolidate and amend the law relating to beggars for the purpose of 
making  uniform  and  better  provision  for  the  prevention  of  begging  in  the  State  of 
Bombay and for matters connected therewith. 

Where it is expedient to make uniform and better provision for the prevention of begging 
in the State of Bombay; for the detention, training and employment of beggars and their 
dependents  in  certain  institutions;  for  the  custody,  trial  and  punishment  of  beggar 
offenders. And for these and other purposes to consolidate and amend the law relating to 
beggars. It is hereby enacted in the Tenth year of the Republic of India as follows:- 

CHAPTER I 
PRELIMINARY 
1.  short  title,  extent,  commencement  and  repeal  of  corresponding  laws  and 
provisions.-  (1)  This  Act  may  be  called  the  Bombay  Prevention  of  Begging  Act, 
1959. 

2.  It extends to the whole of the Union Territory, Delhi. *] 
3.  It shall come into force on such date as the Chief Commissioner may by notification 

in the Delhi Gazette, appoint.] 

2. Definitions.- (1) In this Act, unless the context otherwise requires,- 

(i) 

(a) 

(b) 

(c) 

(d) 

“Begging” means- 

Soliciting or receiving alms, in a public place whether or not under any 
pretence such as singing, dancing, fortune telling, performing or offering 
any article for sale; 
entering  on  any  private  premises  for  the  purpose  of  soliciting  or 
receiving alms; 
exposing  or  exhibiting,  with  the  object  of  obtaining  or  extorting  alms, 
any sore, wound injury, deformity of diseases whether of a human being 
or animal; 
having  no  visible  means  of  subsistence  and  wandering,  about  or 
remaining in any public place in such condition or manner, as  makes it 
likely that the person doing so exist soliciting or receiving alms; 

1. 

2. 
3. 

Vide G.S.R. 638, dated 2nd June, 1960, published in the Gazette of India, Pt. II, Sec3 (i), 
dated 11th June, 1960. 
Now the National Capital Territory of Delhi. 
Subs. by G.S.R. 638, dated 2nd June, 1960. 
Came  into  force  on  1-3-1961,  vide  Notification  No.  F.  1  (185)/60-DSW(1),  dated  10th 
February, 1961, published in the Delhi Gazette, Extra., dated 23rd February, 1961. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
Sec. 3] 

The Bombay Prevention of Begging Act. 1959 

(e) 

allowing oneself to be used as an exhibit for the purpose of soliciting or 
receiving alms; 

but does not include soliciting or receiving money or food or given for a purpose 
authorizes  by  any  law,  or  authorized  in  the  manner  prescribed  by  [the  Deputy 
Commissioner  or  such  other  officer  as  be  specified  in  this  behalf  by  the  Chief 
Commissioner]. 
“Certified  Institution”  means  any  institution  which  the  [Chief  Commissioner] 
provides  and  maintains  for  the  detention,  training  and  employment  of  beggars 
and  their  dependants  and  includes  an  institution  certified  to  be  such  under  sub-
section (1) of section 13; 
“Chief Commissioner” means the Chief Commissioner of Delhi;] 
“Chief Inspector” means the person appointed to be Chief Inspector of Certified 
Institutions under sub-section (1) of section 17 and includes an Additional Chief 
Inspector appointed under that section; 
“Child” has the meaning assigned to it in the Children Act;] 
“Children Act” means the law for the time being in force in the Union Territory 
of  Delhi*  relating  to  neglected  and  delinquent  children  and  providing  for  their 
care, protection and other matters;] 
“Court” means any court exercising criminal jurisdiction in the area in which this 
Act is in force;] 
“prescribed” means prescribed by rules made under this Act; 
“Probation  Officer”  means  an  officer  appointed  to  be  Probation  Officer  under 
sub-section (1) of section 17; 
“public place” includes a railway compartment; 
“Reception  Centre”  means  an  institution  for  the  receiving  and  temporary 
detention  of  beggars  provided  by  the  [Chief  Commissioner]  or  certified  to  be 
such under sub-section (1) of section 12; 
“Superintendent”  means  a  Superintendent  of  a  Receiving  Centre  or  a  Certified 
Institution, as the case may be. 

(ii) 

(ii a) 
(iii) 

(iv) 
(v) 

(vi) 

(vii) 
(viii) 

(ix) 
(x) 

(xi) 

CHAPTER II 
PROCEDURE FOR DEALING WITH BEGGARS  
AND BEGGAR OFFENDERS 

3.    Power of courts. -  The powers conferred on courts by the Act shall be exercised 
only by the High Court, a Court of Sessions, 4[***] a Magistrate of first class, 1[a court 
constituted under the Children Act,] or any other, court exercising criminal jurisdiction in 
the  area,  and  may  be  exercised  by  such  courts  whether  the  case  comes  before  them 
originally or on appeal or revision. 

Subs. by G.S.R. 638, dated 2nd June, 1960. 
Ins. by G.S.R. 638, dated 2nd June, 1960. 

1. 
2. 
          *  Now the National Capital Territory of Delhi. 
3. 

Sub-section (2) omitted by G.S.R. 638, dated 2nd June, 1960. 

 
 
 
 
 
 
 
 
 
4. 

The words “a Presidency Magistrate” omitted by G.S.R. 638, dated  
2nd June, 1960. 

4. 

Power of require person found begging to appear before court. -  (1) Any   
police officer, or other person authorized in this behalf in accordance with rules 
made by the [Chief Commissioner] may arrest without a warrant any person who 
is found begging: 

Provided that no person entering on any private premises for the purpose 
of soliciting or receiving alms shall be so arrested or shall be so arrested or shall 
be  liable  to  any  proceedings  under  this  Act  except  under  a  complaint  by  the 
occupier of the premises. 

(2)  Such  police  officer  or  other  person  shall  take  or  send  the  person  so 

arrested to a court. 

(3) The provisions of section 61 of the Code of Criminal Procedure, 1898 
(V  of  1898)*  shall  apply  to  every  arrest  under  this  section  and  the  officer  in 
charge  of  the  police  station  shall  cause  the  arrested  person  to  be  kept  in  the 
prescribed manner until he can brought before a court. 

COMMENTS 
Any person who is found begging can be arrested by any police officer or by any 
person who is authorized in this behalf. 
Summary inquiry in respect of persons found begging and their detention.-  

5. 
            (1) Where a person who is brought before the court under the last proceeding  
            section is not proved to have previously been detained in a Certified Institution         
            under the provisions of this Act, the court shall make a summary inquiry, in the      
            prescribed manner, as regards the allegation that he was found begging. 

(2) If the inquiry referred to in sub-section (1) cannot be completed forthwith the 
court may adjourn it from time to time and order the person to be remanded to 
such place and custody as may be convenient. 
(3)  If  on  making  the  inquiry  reference  to  in  sub-section  (1),  the  court  is  not 
satisfied  that  the  person  was  found  begging,  it  shall  order  that  such  person  be 
released forthwith. 
(4) If on making the inquiry referred to in sub-section (1), the court is satisfied 
that such person was found begging, it shall record a finding that the person is a 
beggar. 
(5) The court shall order the person found to be a beggar under the last preceding 
sub-section to be detained in a Certified Institution for a period of not less than 
one year, but not more than three years: 

Provided that, if the court is satisfied from the circumstances of the case 
that    the  person  found  to  be  a  beggar  as  aforesaid  is  not  likely  to  beg  again,  it 
may  after  due  admonition  release  the  beggar  on  a  bond  for  the  beggar’s 
abstaining  from  begging  and  being  of  good  behavior,  being  executed  with  or 
without sureties as the court may require by the beggar or any other person whom 
the court considers suitable. 

(6) In passing any order under the provisions of this Act, the court shall 

have regard to the following considerations, that is to say:- 

(i) 

the age and character of the beggar, 

 
 
 
 
 
 
 
the circumstances and conditions in which the beggar was living,  
reports made by the Probation Officer, and  

(ii) 
(iii) 
(iv) 

                                  1.  Subs. by G.S.R. 638, dated 2nd June, 1960. 
                                 *   See Code of Criminal Procedure, 1973 (2 of 1974). 

Sec 8]    

The Bombay prevention of Begging Act, 1959 

(iv) 

Such other matters as may, in the opinion of the court, require to be taken 
into consideration in the interest of the beggar. 

(7)  The  report  of  the  Probation  Officer  or  any  other  report  considered  by  the 
court  under  the  sub-section  immediately  proceeding,  shall  be  treated  as 
confidential: 

Provided that if such report relates to the character, health or conduct of 
or the circumstances and conditions in which, the beggar is living the court may, 
if it thinks expedient, communicate the substance thereof to the beggar of (in case 
of  dependents)  to  the  guardian  concerned  and  may  give  the  beggar  or  the 
guardian, as the case may be, an opportunity of producing evidence which may 
be relevant to the matters stated in the report. 
(8) A copy of the order made under sub-section (5) shall be sent forthwith to the 
Chief Inspector.  
(9)  Notwithstanding  anything  in  this  section,  when  the  person  found  to  be  a 
beggar as aforesaid is a child who is under the age of five years the court shall 
not  make  any  order  under  sub-section  (5)  but  forward  the  child  to  a  court 
constituted  under  the  Children  Act  for  being  dealt  with  under  that  Act.  For  the 
purpose of ascertaining the age of the person the court may, if necessary, cause 
the beggar to be examined by a medical officer.] 
Penalty  for  begging  after  detention  as  beggar.-(1)  Whenever,  having  been 
previously  detained  in  a  Certified  Institution  under  this  Act  is  found  begging, 
shall on conviction be punished as hereinafter in this section provided. 
(2)  When  a  person  is  convicted  for  the  second  or  subsequent  time  under  sub-
section (1) the court shall order him to be detained for a period of ten years in a 
Certified  Institution,  and  may  convert  any  period  of  such  detention  (not 
exceeding two years) into a sentence of imprisonment extending to a like period. 

COMMENTS 
If any person, who was detained in a Certified Institution, is found begging, he 
shall on conviction for the first time shall be ordered by the Court to be detained 
for  not  more  than  three  years  and  on  conviction  for  the  second  time  shall  be 
ordered by the Court to be detained for a period of ten years. 

6. 

7.  Offences  to  be  tried  summarily.-  All  offences  under  this  Act  except  those  under 

section 11 shall be tried in a summary way. 

8.  Contribution of parents.- (1) The court, which makes an order for the detention of 
any person in a Certified Institution under section 5 or section 6, may make an order 
on the parent or other person liable to maintain him, to contribute to his maintenance, 
if able to do so, in the manner prescribed. 

 
 
 
 
 
 
 
 
 
 
(2) Before making any such order the court shall inquire into the circumstances of the 
parent or other person liable to maintain him and shall record evidence, if any, in the 
presence of the parent or such other person, as the case may be. 
(3)  Any  order  made  under  this  section  may  on  an  application,  made  by  the  party 
liable, or otherwise, be varied by the court. 
(4)  Any  order  made  under  this  section  may  be  enforced  in  the  same  manner  as  an 
order under section 488 of the Code of Criminal Procedure, 1898 (V of 1898). 

1. 

Subs. by G.S.R. 638, dated 2nd June, 1960. 
See sections 125 and of the Code of Criminal Procedure, 1973 (2 of 1974). 

9.  Court may order detention of persons wholly dependent on beggar.-(1) When the 
court has ordered the detention of a person in a Certified Institution under section 5 
or section 6 it may, often making such inquiry as it thinks fit, order any other person 
who is wholly dependent on such person to be detained in a Certified Institution for a 
like period: 
  Provided that before such order is made such dependent person shall be given an 
opportunity of showing cause why it should not be made. 
(2)  Where  the  dependent  person  is  a  child,  the  court  shall  forward  him  to  a  court 
constituted under the children Act for being dealt with there under: 

  Provided that where the dependent person is the beggar’s own child, being a child 
who is under the age of five years, and the beggar is an able bodied mother, not being 
a  contagic;  leper  or  lunatic,  the  child  may  be  ordered  to  detain  in  a  Certified 
Institution without being separated from the mother as regards the place of detention 
until it attains the age of five years; and there after person to be kept in the prescribed 
manner until he can be brought before a court. 

10.  Powers of [Chief Commissioner] to order for the detention of incurably helpless 
beggars.- When any person who is detained in a Certified Institution under section 5, 
section 6 or section 9 is considered, whether on an application by him to the 1[Chief 
Commissioner] or otherwise by the  1[Chief Commissioner] to be blind, a cripple or 
otherwise incurably helpless, the 1[Chief Commissioner] may order that he shall after 
the  expiry  of  the  period  of  detention  be  further  detained  indefinitely  in  a  Certified 
Institution: 

Provided  that  the  1[Chief  Commissioner]  may  release  any  such  inmate  to  any 
person whom the  1[Chief Commissioner] considers suitable executes a bond with or 
without  sureties  as  the  1[Chief  Commissioner]  may  require,  making  himself 
responsible for the housing and maintenance of such inmate and for preventing him 
from begging or being used for the purpose of begging. 

11.  Penalty for employing or causing persons to beg or using them for purposes of 
begging.- Whoever employs or causes, any person to solicit or receive alms, or 
whoever having the custody, charge or care of a child, connives at or encourages the 
employment or the causing a child to solicit or receive alms or whoever uses another 
person as an exhibit, shall be punished with prisonment for a term which may extend 
to three years but which shall not be less than one year. 

 
 
 
 
 
 
 
 
COMMENTS 

If  any  person  employs  or  causes  any  other  person  to  solicit  or  receive 
alms, or having the custody, charge or care of a child, connives at or encourages, 
the employment or the causing the child to solicit or receive alms or uses another 
person  as  an  exhibit,  shall  be  punished  for  imprisonment  for  a  term  up  to  three 
years but which shall not be less than one year. 

CHAPTER III 
RECEIVING CENTRES AND CERTIFIED INSTITUTIONS  

12.  Provision of Receiving Centers.- (1) The  1[Chief Commissioner] may provide and 

maintain one or more Receiving Centres at such places as it think fit,  

1.  Subs. by G.S.R. 638, dated 2nd June, 1960. 
       See sections 57 of the Code of Criminal Procedure, 1973 (2 of 1974). 

Sec 16]  

The Bombay prevention of Begging Act, 1959 

and may certify any institution to be a Receiving Centre for the purposes of this 
Act. 
(2) Every such Receiving Centre shall be under the control of a Superintendent. 

13.  Provisions  of  Receiving  Centres/Certified  Institution.- 

1[Chief 
Commissioner]  may  provide  and  maintain  one  or  more  Certified  Institution  at  such 
place  or  places  as  he  thinks  fit,  and  may  certify  any  institution  to  be  a  Certified 
Institution  for  the  purposes  of  this  Act.  Any  such  Certified  Institution  may  include 
provision  for  the  teaching  of  agricultural,  industrial  and  other  pursuits,  and  for 
general education and medical care of the inmate. 
(2) Every such Certified Institution shall be under the charge of a Superintendent. 

(1)  The 

14.  Visiting Committees.- (1) For every Receiving Centre and every Certified   

Institution,  the  1[Chief  Commissioner]  shall  appoint  a  Visiting  Committee  in  such 
manner as may be prescribed. 

15.  Advisory Committee.- (1) The 1[Chief Commissioner] may constitute an Advisory     
Committee  2[***] consisting of such persons, not exceeding twenty –one in number 
as he may appoint. 

Provided that where a local authority  2[***] has agreed to render such financial 
assistance  as  the  1[Chief  Commissioner]  may  consider  proper  in  each  case,  for  the 
maintenance of the Certified Institutions in which beggar from the area subject to the 
jurisdiction  of  the  local  authority  2[***]  are  detained,  the  1[Chief  Commissioner] 
shall  appoint  such  number  of  persons  as  he  deems  fit  on  the  Advisory  Committee 
representing the local authority. 

(2)  The  Advisory  Committee  constituted  under  sub-section  (1)  of  any  member 
thereof,  may  visit  at  all  reasonable  times  and  after  the  due  notice  to  the 
Superintendent, any Certified Institution in which beggars are detained. 
(3) The Advisory Committee may also- 

 
 
 
 
 
 
 
 
 
 
 
 
 
(a)  tender  advice  as  regards  management,  to  any  Certified  Institutions 
through  the    Chief  Inspector  or  such  other  officer  as  the  1[Chief 
Commissioner] may specify, 

(b)  collect  subscriptions  towards  the  recurring  as  well  as  non-recurring 
expenses of any or all Certified Institutions and disburse the collections 
in the prescribed manner, 

(c)  advice  the  1[Chief  Commissioner]through  the  Chief  Inspector  as 
Certified  Institutions  or  the  desertification  of  any  Certified  Institutions, 
or  

(d)  advice the  1[Chief Commissioner] generally on the working of this Act, 
and particularly on any point referred to it by the Chief Inspector or any 
other officer specified by Chief Inspector or any officer specified by the 
1[Chief Commissioner]. 

16. 

Payment of contribution by local authority and recovery thereof.- (1)  
Notwithstanding anything contained in any law for the time being in force  

1.  Subs. by G.S.R. 638, dated 2nd June, 1960. 
2.  Omitted by G.S.R. 638, dated 2nd June, 1960. 

The Bombay prevention of Begging Act, 1959 

[Sec …] 

any  local  authority  which  has  agreed  to  pay  a  certain  sum  of  money  for  the 
maintenance  of  Certified  Institution  shall  make  payment  of  that  sum  to  the 
Central Government 1[before a date prescribed I that behalf]. 
(2)  If  any  sum  is  not  paid  by  a  local  authority  before  the  prescribed  date,  the 
1[Chief  Commissioner]  may  make  an  order  directing  any  person,  who  for  the 
time  being  has  custody  of  any  money  on  behalf  of  the  local  authority  as  its 
officer,  treasurer,  banker  or  otherwise  to  pay  the  sum  from  such  money,  as  he 
may  have  in  his  hands  or  may  from  time  to  time  receive,  to  the  1[Central 
Government] and such person shall be bound to obey such order. Every payment 
made pursuant to such order shall be sufficient discharge to such person from all 
liability to the local authority so held by him. 

17.  Appointment  of  Chief  Inspector,  Additional  Chief  Inspector,  Inspector, 
Assistant  Inspectors  and  Probation  Officer.-  (1)  for  carrying  out  the  purposes  of 
this  Act,  the  1[Chief  Commissioner]  may  appoint  a  Chief  inspector  of  Certified 
Institutions and Additional Chief Inspector of Certified Institutions, an Inspector and 
such  number  of  Assistant  Inspectors  and  Probation Officer  as  he  think  advisable  to 
assist the Chief Inspector, and every person so appointed to assist the Chief Inspector 
shall have such of the powers, and perform such of the duties, of the Chief Inspector 
as  the  1[Chief  Commissioner]  directs  but  shall  act  under  the  direction  of  the  Chief 
Inspector. 
(2) Every Receiving Centre and Certified Institution shall, at least once in every six 
months,  be  inspected  by  the  Chief  Inspector,  Inspector,  Assistant  Inspector  or  a 
Probation Officer. 

18.  Search  in  receiving  centre  and  Certified  Institutions.-  The  Superintendent  of  a 
Receiving Centre or a Certified Institutions may order that any person received in the 
Receiving  Centre  or  a  Certified  Institution  shall  be  searched,  that  he  shall  be 
cleansed, that his personal affects shall be inspected, and that any money or valuables 

 
 
 
 
 
 
 
 
found with or on the person shall be kept in the custody of such Superintendent, and 
that any effects other than  money or valuables so  found shall be disposed of in the 
prescribed  manner.  Where  an  order  of  detention  is  passed  by  the  court  against  any 
such person, the Superintendent may order that any money or valuables found with or 
on the person shall be disposed of in the prescribed manner. Where the court passes 
an order  other than an order of detention with regard to any such person, his money 
and valuables shall be returned to him and if his clothing has been destroyed, he shall 
be  provided  with  fresh  clothing.  The  expenses  of  prevailing  such  clothing  shall  be 
paid out of money provided by the 1[Parliament]: 

Provided  that  a  female  shall  be  searched  only  by  a  female,  and  with  due  regard  to 
deceny. 

19.  Management  and  discipline.-  Persons  remanded  to  or  detain  in,  receiving  Centre 
and Certified Institutions under this Act shall be subject to such rules of management 
and discipline, including the imposition of manual or other work and the awarding of 
punishment of breach of any such rules, as may, from time to time, be prescribed. 

1.  Subs. by G.S.R. 638, dated 2nd June, 1960. 

Sec 24]  

The Bombay prevention of Begging Act, 1959 

20.  Disciplinary  imprisonment.-  (1)  Without  prejudice  to  any  disciplinary  action  that 
may  be  taken  under  the  section  immediately  proceeding,  the  Chief  Inspector,  the 
Inspector or Superintendent may report to the court the case of any person detained in 
a  Certified  Institution  who  habitually  and  willfully  disobeys  or  neglects  to  comply 
with any rule referred to in that section; and the court may thereupon, if satisfied that 
the person has willfully disobeyed or neglected to comply with any such rule, convert 
the balance of the period of his detention in comply with any such rule, convert the 
balance of the period of his detention in a Certified Institution or part thereof into a 
term of imprisonment. 
(2) The sentence of imprisonment ordered as aforesaid shall be executed in the same 
manner as a sentence passed under section 6. 

21.  Transfer  from  one  Receiving  Centre  or  Certified  Institution  to  another.  –  (1) 
Subject to conditions prescribed, the Chief Inspector may direct any person detained 
in a Receiving Centre or Certified Institution to be transferred there from to another 
Receiving Centre or Certified Institution in the [Union Territory of Delhi*]: 

Provided  that  the  total  period  of  detention  of  such  person  shall  in  no  case  be 

increased by such transfer. 

(2)  In  directing  such  transfer  the  Chief  Inspector  shall  have  regard  to  the  medical 
certificate  and  the  directions,  if  any,  made  by  the  1[Chief  Commissioner]  or  court 
under section 26. 

22.  Release of licence.-(1) Subject to such conditions as are prescribed-  

 
 
 
 
 
 
 
 
 
 
 
 
 
 
(1)  the Chief Inspector or the Superintendent of the Certified Institution may at any 
time  grant  permission  to  a  person  detained  in  a  Certified  Institution  to  absent 
himself for short period and  

(2)  the Chief Inspector may at any time release such person conditionally and issue 

him a licence therefore. 

(2)  Any  such  licence  shall  be  in  force  until  the  expiry  of  the  term  for  which  the 

person was ordered to be detained in Certified Institution, unless sooner revoked. 

(3)  The  period  during  which  such  person  is  absent  from  a  Certified  Institution  by 
permission  are  by  licence  as  aforesaid  shall,  for  the  purpose  of  computing  his  term  of 
detention in a Certified Institution, be deemed to be part of his detention. 

23.  Revocation  of  licence.-  (1)  Subject  to  such  conditions  as  are  prescribed,  the  Chief 
Inspector  may  at  any  time  revoke  a  licence  issued  under  section  22,  and  thereupon 
the released person shall be detained in a Certified Institution until the expiry of the 
term for which he had been ordered to be detained. 

(2)  For  the  purpose  of  this  section  the  Chief  Inspector  may,  if  necessary,  cause  the 
released person to be arrested and sent to the nearest Receiving Centre, together with 
a copy of the order of detention, and thereupon the provisions of sub-section (1) of 
section 25 shall as far as may be applied. 

24.  Unconditional  release.-  At  any  time  after  the  expiration  of  three  months  from  the 

commencement of the release on licence of any person under section 22,  

*  Now the National Capital Territory of Delhi. 
1.  Subs. by G.S.R. 638, dated 2nd June, 1960. 

The Bombay prevention of Begging Act, 1959 

Sec 24] 

the Chief Inspector may, if he is satisfied that there is a probability that such person 
the  1[Chief  Commissioner]  his 
will  abstain  from  begging,  recommend 
unconditional  release.  The  1[Chief  Commissioner]  may  on  such  recommendation 
release  such  person  unconditionally,  and  thereupon  the  term  for  which  such  person 
had  been  ordered  to  be  detained  in  a  Certified  Institution  shall  be  deemed  to  have 
expired. 

to 

CHAPTER IV 
MISCELLANEOUS 

25.  Procedure on order of detention or sentence of imprisonment.- (1) Subject to the 
provisions  of  sub-section  (2),  when  a  person  has  been  ordered  to  be  detained  in  a 
Certified Institution under section 5  or section 6 or section 9 the court which ordered 
the detention shall forthwith forward him to the nearest Receiving Centre with a copy 
of the order of detention. The person shall thereupon be handed over into the custody 
of the Superintendent of the Receiving Centre and shall be detained in the Receiving 
Centre until he is sent there from to a Certified Institution. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(2)  When  any  such  person  has  also  been  sentenced  to  imprisonment,  the  court 
passing  the  sentence  of  imprisonment  shall  forthwith  forward  a  warrant  to  a  jail  in 
which  he  is  to  be  confined  and  shall  forward  him  to  such  jail  with  the  warrant 
together with a copy of the order of detention. After the sentence of imprisonment is 
fully executed, the officer executing it shall, if detention in a Certified Institution for 
any period remains to be undergone by such person, forward him forthwith together 
with  the  copy  of  the  order  of  detention  to  the  nearest  Receiving  Centre,  and 
thereupon the provisions of sub-section (1) shall as far as may be applied. 

(3)  In  computing  the  period  for  which  a  person  is  ordered  to  be  detained  in  a 
Certified Institution, there shall be included the period for which he is detained in a 
Receiving Centre under this section. 

26.  Medical Examination and detention of leprosy patients and lunatics.-(1) where it 
appears  to  the  1[Chief  Commissioner]  that  any  beggar  detained  in  a  Certified 
Institution  under  any  order  of  a  court  is  of  unsound  mind  or  a  leper,  the  1[Chief 
Commissioner] may by an order setting forth the grounds of belief that the beggar is 
of unsound mind or a leper, order his removal to a mental hospital or leper asylum or 
other place of safe custody, there to be kept and treated as the 1[Chief Commissioner] 
direct during remainder of the term for which he has been ordered to be detained or, 
if on the expiration of that term it is certified by a medical officer that it is necessary 
for  the  safety  of  the  beggar  or  of  others  that  he  should  be  further  detained  under 
medical care or treatment, then until he is discharged according to law. 

(2) Where it appears to the  1[Chief Commissioner] that the beggar has ceased to 
be of unsound mind, or is cured of leprosy, the  1[Chief Commissioner] shall, by an 
order  direct  to  the  person  having  charge  of  the  beggar  if  still  liable  to  be  kept  in 
custody to send him to the Certified Institution from which he was removed or if the 
beggar is no longer liable to be kept in custody order him to be discharged. 

1.  Subs. by G.S.R. 638, dated 2nd June, 1960. 

Sec 29]  

The Bombay prevention of Begging Act, 1959 

(3) The provisions of section 31 of the Indian Lunacy Act, 1912, (IV of 1912) or 
(subject to the provisions of sub-section (2) of section 14 of the Lepers Act, 1898 (III of 
1898)  shall  apply  to  every  beggar  confined  in  a  mental  hospital  or  leper  asylum  under 
sub-section (1) after the expiration of the period for which he was ordered to be detained; 
and the time during which a beggar is confined in a mental hospital or leper asylum under 
that  sub-section  shall  be  reckoned  as  part  of  the  period  for  which  he  may  have  been 
ordered by the court to be detained:  

Provided  that  where  the  removal  of  a  beggar  due  to  unsoundness  of  mind  or 
leprosy is immediately necessary, it shall be open to the authorities of the Institution in 
which  the  beggar  is  detained  to  apply  to  a  court  having  jurisdiction  under  the  Indian 
Lunacy Act, 1912 (IV of 1912), or the Lepers Act, 1898 (III of 1898), as the case may be, 
for  an  immediate  order  of  committal  to  a  mental  hospital  or  a  leper  asylum  until  such 
time as the orders of the 1[Chief Commissioner] be obtained in the matter. 

COMMENTS 
If any beggar detained in a Certified Institution is found to be of unsound mind or a leper, 

can be ordered to be removed to a mental hospital or leper asylum. 

 
 
 
 
 
 
 
 
27.  Arrest of person escaping from Receiving Centre or Certified Institution.- 
Any person who leaves a Receiving Centre or a Certified Institution without 
the permission of the Superintendent thereof, or fails to return thereto after the 
expiry of the period of absence permitted under sub-section (1) of section 22, 
may be arrested by any police officer without warrant or by an officer of the 
Receiving Centre or Certified Institution authorities authorized in this behalf 
by  the  1[Chief  Commissioner]and  send  back  to  the  Receiving  Centre  or  Certified 
Institution, as the case may be. 

28.  Transfers  between  Certified  Institution  and  institution  of  like  nature  in 
different  parts  of  India.-  1[(1The  Chief  Commissioner  may  direct  any  person 
detained in a Certified Institution to be transferred there from to any Institution of a 
like nature in any other Part India in respect of which provision similar to that in the 
Union Territory of Delhi *  is made by the Government of that part under any law in 
force therein: 

Provided that no person shall be transferred under this section to any part   
of India without the consent of the State Government in the case of a State and the 
Administrator in the case of a Union Territory.] 

(2) The  1[Chief Commissioner] may in consultation with the Superintendent, of 
any Certified Institution, consent to the transfer to that Institution of any person 
in respect of whom an order of detention has been made by competent authority 
in any other part of India of the nature of an order under this Act directing him to 
be detained in a Certified Institution or Institution of a like nature and upon such 
transfer, the provisions of this Act shall apply to such person. 

29.  Power  to  take  finger  prints.-  1[(1)    Every  person  ordered  to  be  detained  in  a 
Certified Institution under this Act shall at any time allow his finger prints to be taken 
by the District Magistrate or any officer empowered by him in this behalf.] 

(2) Whoever refuses to allow his finger prints to be taken under sub-section (1) 
shall  on  conviction  be  liable  to  have  his  period  of  detention  in  a  Certified 
Institution  not  exceeding  three  months  converted  to  a  term  of  imprisonment 
extending to a like period. 

1.  Subs. by G.S.R. 638, dated 2nd June, 1960. 
* Now the National Capital Territory of Delhi. 

Sec …]  

The Bombay prevention of Begging Act, 1959 

(3) The sentence of imprisonment order under sub-section (2) shall be executed 
in the same manner as a sentence passed under section 6. 

30.  Seizure and disposal of animals exposed or exhibited for obtaining or extorting 
alms.-  (1)  Any  police  officer  or  other  person,  effecting  under  sub-section  (1)  of 
section 4 of the arrest of a person who was found begging may seize any animal the 
sore, wound, injury, deformity or disease of which was exposed or exhibited by such 
person with the object of obtaining or extorting alms. 
(2) The police officer of other person affecting the arrest ma y remove such animal to 
an  infirmary  appointed  under  section  6B  of  the  Prevention  of  Cruelty  to  Animals  Act, 
1890 (XI of 1890), for detention therein pending its production before a court. 

(The  court  before  which  the  person  found  begging  is  brought  may  direct  that  the 
animal shall be treated and care for in such infirmary until it is fit for discharge or that it 

 
 
 
 
 
 
shall be sent to a Pinjrapole, or if the veterinary officer in charge of the area in which the 
animal is found or such other veterinary officer as has been authorized by the rules made 
under section 15 of the Prevention of Cruelty to Animals Act, 1890 (XI of 1890) certifies 
that  its  is  incurable  or  cruelty  cannot  be  removed  without  cruelty,  that  it  shall  be 
destroyed; and the court may also order that after release from the infirmity, the animal 
may be confiscated. 

(4) An animal sent for care and treatment to an infirmary shall not unless the court 
directs that it shall be sent to a pinjrapole, or that it shall be destroyed, be released from 
such  place  except  upon  a  certificate  if  its  fitness  for  discharge  issued  by  the  veterinary 
officer  incharge  of  the  area  in  which  the  infirmary  is  situated  or  such  other  veterinary 
officer  as  has  been  authorized  by  rules  made  under  section  15  of  the  Prevention  of 
Cruelty to Animal Act, 1890, (XI of 1890). 
31.  Offence to be cognizable and non-cognizable.- The offences under sections 6 and 

11 of this Act shall be cognizable and non-bailable. 

32.  Persons  to  be  deemed  public  servants.-  All  persons  empowered  to  perform  any 
function by this Act shall be deemed to be public servants with the meaning of the 
Indian Penal Code (XIIV of 1860). 

33.  Bonds taken under Act V of 1898. – The provisions of Chapter XIII of the Code of 
Criminal Procedure, 1898 (V of 1898)* shall so far as may be, apply to bonds taken 
under this Act. 

CHAPTER V 

34.  Appeals.-  For  the  purposes  of  appeal  and  revision  under  the  Code  of  Criminal 
Procedure 1898 (V of 1898)* an order of detention under this Act (including an order 
of  detention under  section  5),  shall  be deemed    to  be  sentence  of  imprisonment  for 
the same period. 

35.  Rules.-  (1)  1[The  Chief  Commissioner]  may  by  notification  in  the  1[Delhi  Gazette] 
and subject to the condition of previous publication, make rules, for carrying out the 
purpose of this Act. 

* See Code of Criminal Procedure, 1973 (2 of 1974). 
1. Subs. by G.S.R. 638, dated 2nd June, 1960. 

Sec 36]  

The Bombay prevention of Begging Act, 1959 

(2)  In particular and without prejudice to the generality of the forging power, 

such rules may provide for all or any of the following matters, namely:- 

(a) the manner of authorizing a purpose under clause (i) of sub-section (3)   
     of section 2; 

(b) the manner of keeping persons arrested under sub-section (3) of   
     section 4 or section 9; 

(c) the manner of making summary inquiry under sub-section (1) of    
     section 5; 

(d) the manner in which contribution for the maintenance of person     

 
 
 
 
 
 
 
 
 
 
 
     detained in a Certified Institution may be ordered to be paid under sub-        
     section (1) of section 8; 
(e) the manner of appointing a visiting committee under section 14; 
(f) the conduct of business by the Advisory Committee; 
(g) the date before which payment shall be made under sub-section (1) of     
     section 16; 
(h) the manner in which the affects and the money and valuable referred to   
     in section 18 shall be made disposed of; 
(i)  the  management  and  discipline  of  persons  detained  in  Receiving 
Centre  or  Certified  Institution  including  the  imposition  of  manual  or 
other  work  and  the  awarding  of  punishment  for  breach  of  any  rule 
made under this clause; 

(j)  the conditions subject to which the Chief Inspector may direct transfer 

under section 21; 

(k) the  conditions  subject  to  which  a  person  may  be  released  on  licence 

under section 22; 

(l)  the conditions subject to which a licence may be revoked under section 

23; 

(m)  the manner of medical examination of beggars; 
(n) any other matter which is required to be or may be prescribed. 1[***] 

36.  Removal  of  difficulties.-  If  any  difficulty  arises  in  giving  effect  to  the 
provisions  of  this  Act,  the  2[Delhi  Gazette]  make  such  provisions  or  give  such 
directions as appears to 2[him] to be necessary for removing the difficulty.  

3[***] 

1.  Sub-section (3) omitted by G.S.R. 63 dated 2nd June, 1960. 
2. 
3. 

Subs. by G.S.R. 638, dated 2nd June, 1960. 
The Schedule omitted by G.S.R. 638, dated 2nd June, 1960. 

 
 
 
 
 
 
 
 
